Getting divorced when you have children is already stressful enough. You are trying to make sure that you get a fair deal out of the divorce while also trying to put your children’s needs first. It can be terrifying when you find out that someone–most likely your spouse–has gotten Children Protective Services involved and accused you of abusing or neglecting your children. You have probably heard horror stories of parents having their children torn away from them in the blink of an eye. Being the subject of a CPS investigation can be alarming and panic-inducing under any circumstances, but if you are in the middle of a child custody case, it can be particularly frightening–and potentially risky. 

If this is happening to you, it is important that you immediately contact an attorney who has experience with abuse allegations during divorce. 

What Should I Do if My Spouse Calls CPS During Our Divorce?

First off, do not panic. If you handle the situation correctly, it is likely that nothing will come of it. However, you may want an attorney to manage the response to a CPS investigation. You do not want to make any mistakes. A few things you should know in this situation include: 

If you are in an abusive relationship, getting a divorce can be a powerful way to protect yourself and your children. Intimate partner violence tends to escalate over time, so the sooner you leave that type of marriage, the better. When there is violence at home, you may be afraid to take the important step of filing for divorce. You may fear that your spouse will retaliate, or that you will not have a way to support yourself. There are steps an attorney can take to help you stay safe during this process and to help reduce your stress during the time your divorce is in the courts. Make sure you work with a lawyer who has experience with divorces involving abuse. 

4 Things to Be Aware of When You Divorce an Abusive Spouse

When your marriage has become unsafe due to abuse, you might be worried about how the divorce process will go. While you probably cannot expect much cooperation from your spouse, you can get divorced whether they like it or not. Some things you should know about divorce after abuse include: 

• Restraining orders - A Protective Order can help you stay safe during your divorce. These orders can force your spouse to leave the marital residence and not return, so that you can stay safely at home with any children. These orders can also forbid your spouse from contacting, stalking, surveilling, or otherwise bothering you, or from going to your workplace or your children’s school. If you have children, the order can protect them as well. Your spouse can be arrested if they violate the order. 

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The Supreme Court ruling of Obergefell v. Hodges was a manifestation of a sea of change in American cultural attitudes towards the legality of homosexual marriage. In many ways the culmination of many years of deeply felt activism on both sides of the issue, this 2015 ruling made same-sex marriage legal in every state. But along with same-sex marriage came the same complications and difficulties of heterosexual marriage, including divorce. While gay and lesbian couples getting divorced in Texas can expect the same-sex divorce process to look mostly the same as their heterosexual peers, here are some important facts to know.

Cohabitation Agreements Are Trumped By Prenuptial Agreements

Same-sex spouses who got married in a state where same-sex marriage was legal before the Obergefell v. Hodges decision may have signed a prenup in their state of marriage and a cohabitation agreement in Texas. Now that same-sex marriage is legal everywhere, the prenuptial agreement a couple signed in another state will take legal precedence over a cohabitation agreement signed in Texas. 

Breakups Do Not Constitute Divorce for Property Issues

Couples who got married in Massachusetts or another state with same-sex marriage before 2015 may have moved to a state without same-sex marriage and ended their relationship without the ability to get divorced. But unless a couple legally gets divorced, new property, income, and other assets will still be considered shared marital assets. If your relationship has been over but you have yet to get divorced, you can expect your accumulating assets to be considered marital. All marital property will need to be divided in your divorce. 

Many unmarried women get pregnant accidentally or before finding out that the child’s father is not a man they want to raise a child with. They may then wonder if establishing paternity would be in their or the child’s best interests. After all, if the child’s father is abusive, unavailable, or a philanderer, many women may reason that there is simply no reason to inform him of the pregnancy. 

While some women ultimately do decide to never establish parentage in Texas, there are good reasons for doing so even if you do not like your child’s father. Before you decide whether you want to establish paternity, here are some things to consider. 

Will Not Establishing Paternity Hurt My Child? 

An abundance of research suggests that children do best by almost every metric when they have fathers in their lives. Fatherless children are more likely to drop out of school, abuse drugs and alcohol, engage in criminal activity, have trouble regulating their emotions, and become pregnant as a teenager. 

Divorce requires a family to restructure major aspects of their lives: their living arrangements, their relationships, their finances, and more. While the quality of the relationship between a parent and her child can and should be the most important concern following a divorce, financial arrangements are also very important. Understanding how child support is handled in Texas is essential for moving on with a steady and predictable budget after a divorce is finalized. If you are a divorcing parent in Collin County, TX, this information may be useful to you. 

Important Factors in Child Support Payments 

Texas courts use a special formula to estimate ideal monthly child support payments. Both parents’ income from all sources is taken into consideration. This includes salary, hourly, and overtime pay, as well as bonuses, tips, commissions, and other monetary benefits.

Additional factors that courts take into consideration include the age and needs of each child, the amount of time each parent spends with the child, the cost of child care, and the cost of moving a child between households. Most parents do not make exactly the same amount of money and spend exactly the same amount of time with their children, so one parent almost always ends up paying the other parent-child support. 

Every year, more children in the United States are the product of divorced or never-married parents. Over time, Texas law has been updated to reflect the realities of modern family life, becoming more flexible and allowing unmarried co-parents to make arrangements that work for their family. One common consequence of having unmarried parents is the likelihood that one parent will want to move away from the other and take their child with them. But when a parent wants to move and he or she shares custody of a child with another adult, Texas law has certain requirements to protect the best interests of the child. 

What Are the Best Interests of a Child? 

Whenever Texas courts make decisions about a child, including how time spent with each parent and important decision-making responsibilities are allocated, it makes these decisions with the child’s best interests in mind. Although several other factors are taken into consideration, the ultimate standard that must be met is whether an arrangement would be the best for a child, given the circumstances. 

Moving, especially long distances, can be very stressful for young children. When a child is well-integrated into her community, school, and friend group, moving may not be in their best interests - even if it would be good for the parent. When co-parents share custody in a Joint Managing Conservatorship, their court-approved parenting agreement controls many aspects of their lives, often including where they live. Deviating from this plan requires court approval from the same court that granted the divorce. 

If you are getting divorced, you probably have hundreds of questions. You may wonder how you and your soon-to-be-ex will divide the contents of your bank accounts or handle ownership of the family vehicles. You may question who will keep the marital home, furniture, and other tangible property. You may also have business interests, investments, and retirement accounts that will need to be dealt with. Property division can be a complicated and contentious issue during a Texas divorce. A divorce lawyer can help.

Marital Settlement Agreements: Determining Property Division Outside of Court

Each divorce case is different. The complexity of the property division process is largely based on the types of assets spouses’ own and their ability to reach an agreement on how to divide those assets. Some spouses are able to reach a property distribution settlement without the court’s involvement. Many negotiate a property division arrangement through their lawyers and formalize their decision in the marital settlement agreement.

Property Division and Texas Courts

Unfortunately, it is not always possible to reach a settlement and avoid court intervention. This is especially true when one spouse tries to hide assets or otherwise refuses to cooperate with property division negotiations. If the court determines property division, it will follow Texas community property laws. Any property and debt accumulated during the marriage is considered jointly owned by both spouses. Separate property, property owned by only one spouse, is usually assigned to that spouse.

Many parents seek to pursue what they call “full custody” of their child in a Texas divorce or custody modification. However, Texas law actually does not use the terms “custody” or “visitation” - instead, a parent’s legal relationship with their child is split into two areas: Conservatorship, meaning the right to make decisions for the child, and possession, or time spent with the child. In our last blog, we cover Texas’s treatment of child custody in fuller detail. 

It is important to know that Texas only terminates one parent’s rights if he or she meets the grounds for termination under the Family Code - not because parents dislike each other or disagree with each others’ parenting methods. In this blog, we will examine some of the rare situations in which a parent may be able to get full parental rights that exclude the other parent. 

When Can a Texas Court Terminate a Parent-Child Relationship? 

Texas courts take children’s well-being very seriously and try to allow children to have productive relationships with both parents whenever possible. However, in some circumstances, it may be impractical or even dangerous for a child to spend time with one of their parents. According to Texas law, these situations include, but are not limited to, a parent who has: 

Parents want what is best for their children. Whether you are an unmarried parent or a parent planning to divorce, you probably have several questions about child custody in Texas. Who your child will live with and how significant decisions about the child’s upbringing will be made are essential concerns during a Texas divorce. Read on to learn about child custody laws and what to do if you need help with child custody concerns.

Legal Custody and Physical Custody

Each state handles child custody slightly differently. In Texas, “legal custody” refers to parents’ decision-making authority. Parents with legal custody have the right to decide where their children will go to school, what type of healthcare the children receive, whether the children go to church or participate in other religious practices, and more.

Physical custody refers to where the child lives and which parent cares for the child on any given day. The Texas Family Code calls custody “conservatorship,” but the term child custody is still used informally in this blog for clarity purposes.

Whether you are just thinking about divorce, or you have already filed the divorce paperwork with the court, you may understandably have questions about the divorce’s impact on your finances. Spousal maintenance can help offset the negative financial consequences of divorce. However, alimony or spousal maintenance is only available in certain circumstances. If you are interested in pursuing spousal maintenance during your divorce or you think your spouse will ask for spousal maintenance, contact a skilled divorce lawyer for help.

You May Be Able to Negotiate an Alimony Agreement

Spouses may be able to negotiate an agreement about the terms of spousal maintenance payments during the divorce process. Often, one spouse will receive certain assets in exchange for paying spousal maintenance to the other. For example, you may be able to negotiate a spousal maintenance arrangement that trades maintenance payments for business interests, stocks, or other assets.

The Court May Award Alimony in Limited Circumstances

If you cannot reach a spousal maintenance agreement with your spouse, you may be able to petition the court for spousal maintenance. However, Texas courts only award spousal maintenance in certain circumstances. You may qualify for alimony if you demonstrate a genuine financial need, and one of the following is true:

Family violence or domestic violence is a very legitimate problem in Texas. Unfortunately, some people abuse the legal system by making false accusations of family violence. Whether you are going through a divorce, child custody dispute, or other family law matter, being accused of family violence can have a major impact on your case. The best thing to do when you find out you have been accused of child abuse, domestic assault, or another form of family violence is to contact a skilled family law attorney for personalized legal guidance.

Do Not Speak to or Visit the Person Accusing You of Family Violence

Being accused of something as heinous as child abuse or domestic violence is understandably shocking. If a current or former romantic partner, family member, or housemate has accused you of harming them or their children, you may be eager to defend yourself. You may want to confront the accuser and set the record straight. However, confronting the accuser is one of the worst things you can do in a situation like this.

Follow The Terms of The Protective Order

Most accusations of family violence involve a protective order. A protective order is a court order that legally prohibits you from taking certain actions. Most protective orders require the subject of the order to stay away from the accuser and refrain from contacting them. Something as simple as a phone call may technically be a violation of a protective order. Do not call, text, or otherwise contact the person accusing you of family violence. Stay away from the accuser’s home, school, and workplace. You may need to temporarily move out of your home or forgo seeing your children for a short period of time in order to comply with the protective order. Following a protective order that is based on false accusations can be infuriating, but doing so is the best way to avoid further criminal charges or worsening your chances of a favorable outcome in your case. 

When a couple gets married, we typically think of it as an emotional or romantic union, not a financial union. However, getting married does entangle the spouses’ finances considerably. During a divorce, the spouses’ property and debts will be divided. However, each spouse must be fully transparent about his or her assets, income, and debts in order for property division to be accurate. Some spouses try to manipulate their divorce outcome by hiding assets.  

Financial Fraud is Fraud on the Community

Texas divorce cases are subject to community property laws. This means that property acquired during the marriage is the property of both spouses. Both spouses are entitled to a portion of the marital estate during property division in a divorce – save for a few exceptions. Separate property is not divided. However, the amount of separate property a spouse owns can still influence the divorce case. Each spouse’s income and overall financial circumstances heavily influence issues like child support and alimony. Some divorcing spouses try to sway divorce issues in their favor by lying about income and assets. They may do so to gain a financial advantage or to “get revenge” on their spouse. Hiding assets in this way is considered “fraud on the community” by Texas law.

Sneaky Ways Spouses Manipulate Financial Information in a Divorce Content

There are many ways spouses may try to hide assets in a divorce. Some use business interests or investments to conceal money. Business owners may delay invoicing clients, fabricate business expenses or debts, or lie about the value of the business. Other spouses hide assets by hiding physical cash or valuables like jewelry. They may use a safety deposit box to hide assets or transfer assets to a friend or family member. Some spouses even overpay the IRS to evade a fair division of property. Once the divorce is over, they recoup the money through a tax refund.

In Texas, when a child is born to unmarried parents, a father’s right to be involved in the child’s life is not guaranteed. If you are a father who wants custody of your children, you will need to ensure that you take the proper steps to establish legal paternity. However, there is more than one way to be recognized as a child’s legal parent, and it is important that you understand the method that is most appropriate for your situation.

Presumptions of Paternity in Texas

According to Texas law, a man is presumed to be the legal father of a child when he was previously married to the mother, and the marriage ended within 300 days of the child’s birth. If your child was born soon after your divorce from the mother, you may not need to take further action to establish paternity. However, a presumption of paternity is rebuttable if, for example, another man purports to be the biological father. It may be a good idea to consult with an attorney to see if you need to take further steps to protect your rights as a father.

Voluntary Acknowledgement of Paternity

If you have no past or present marital relationship with your child’s mother, the most straightforward way to establish paternity is by completing an Acknowledgement of Paternity (AOP) form. These forms are typically available at the hospital to fill out upon a child’s birth, and they are also accessible through various entities certified by the Texas Office of the Attorney General. Both you and the child’s mother must sign the AOP for it to take effect.

When you are going through a divorce, all of the financial assets you acquired throughout your marriage can be affected by the division of marital property. This can be especially concerning to business owners, who may be at risk of losing their business, or at least a substantial share of it. If you have business assets to divide in your divorce, it is important to work with an experienced attorney who can help you protect them as much as possible.

One important step in determining how a business will be handled in a Texas divorce is obtaining a business valuation. However, different types of businesses may need to be valued in different ways, and you should be sure to understand the option that best applies to your circumstances.

Understanding Different Business Valuation Methods

Not all businesses are created equal. For the purposes of business valuation in a divorce, a publicly-traded business may need to be valued very differently from a closely-held family business, for example. Your attorney can help you work with a knowledgeable financial professional to determine the most appropriate valuation method for your business. Options include:

Between housing, groceries, extracurricular fees, and childcare expenses, raising a child can be expensive. If you are a parent, you know this first-hand. Child support payments can help an unmarried or divorced parent cover child-related costs, however, getting the child support you need and deserve is not always easy. If you are not currently receiving any financial support from your child’s other parent, you should know that there are steps you can take to establish child support or enforce your current child support order. An experienced family law attorney can help.

Make Sure You Have an Official Child Support Order

In an ideal world, every parent would do his or her share to ensure that his or her child’s financial needs were met. In reality, many parents try to avoid child support. This is why it is important for every parent to obtain a formal child support order from the court. If you and your child’s other parent had a verbal agreement about how much money he or she would pay you each month, the state does not have any authority to recover the past-due payments from the other parent.

Two Ways to Enforce Payment of Child Support in Texas

If you have a court order requiring the other parent to pay child support, there are a few different ways that you can enforce that order. In Texas, The Office of the Attorney General houses a Child Support Division helps parents recover payments from a non-paying parent. The state has the authority to set up wage withholding, impose property liens, intercept tax refunds, suspend the parent’s driver’s license, and more.